Mediation Dictionary:
A reference guide of terminology relating to the gentle art of mediation
Tactical Escalation --- This is intentional escalation, when one (or multiple) parties escalate a conflict on purpose to try to mobilize support for their own side.

Third Parties --- Third parties (e.g. an advisor or representative) should always be welcomed at a mediation and could even be considered an asset in certain situations where their presence may be a comfort or support to one of the parties. All witnesses to the mediation will be required to sign the confidentiality agreement so their presence should not be a concern to opposing parties.

Third Party Intervention --- The term "third party" [see above] usually refers to a person who gets involved in a dispute in an effort to help the disputing parties resolve the problem. This third party can be a neutral outsider, or he or she may be a person already involved in the conflict (an insider) who takes on the role of a mediator to help work out a mutually-acceptable resolution.

Threat --- A threat is any intimidatory statement or action that causes another person emotional or physical damage by limiting their options either real or perceived.

Tool-box of Interventions --- is a colloquial phrase to describe the range of possible interventions, or styles of mediation, that practitioners use to help parties during a mediation.  Professional dispute resolvers tend to spend a lifetime expanding the number of tools in their toolbox; and enjoy swapping anecdotes and theories about interventions.  Creating doubt is the fundamental umbrella strategy of all negotiators, especially against positional bargainers. Doubts can be raised gently or assertively about alleged facts, evidence, rules, procedures, delays, costs and the range of possible or probable outcomes. [See also "types" of mediation; Evaluative, Facilitative, and Transformative.]

Tort --- a wrongful act that violates a person's private or civil rights and creates a liability under which the victim of the violation may sue the person or persons responsible in civil court.

Track Two Diplomacy --- As originally conceived by Joe Montville, the term "track two diplomacy" refers to private citizens negotiating topics that are usually reserved for official negotiations-the formal resolution of an ongoing conflict or arms reductions [see also Citizen Diplomacy]

Transformative Mediation --- Transformative mediation is based on the values of empowerment of each of the parties as much as possible. This process tries to help the parties empathise with the each others needs, interests, values and points of view. [ see also, Facilitative and Evaluative]

Training, The 40 or 60 Hour Mediation Course --- When training in the principles of alternatives to dispute resolution, or ADR, mediation is the format most often instructed. The reason why mediation training has become so popular is because, with the right instructor, it encompasses all forms of ADR and seeks to define and understand the root of conflict at every angle. [ref. http://www.mediationagency.com/next40hourclass.html ]

Trial --- A process where a judge or a jury makes a binding decision based on the merits after a full public hearing of the case.

Tribal Conflict --- is an analysis of the main cause of conflict is emanating from people who are in the "background". The conflict is being driven mainly by the comments, money and expectations of tribal members including relatives, friends, bosses, next-door-neighbours and lawyers.

Triggering Events --- A triggering event is an event that initiates a conflict.

Twenty-Four Hour Rule --- Employers and Unions are prohibited from making election speeches on company time to massed assemblies of employees within 24 hours before the scheduled time for conducting an election [Peerless Plywood Co. 107 NLRB 427, 33 LRRM 1151 (1953)].

Two-Track Approach --- Involves use of ADR processes or traditional settlement negotiations in conjunction with litigation. Representatives of the disputing parties who are not involved in the litigation are used to conduct the settlement negotiations or ADR procedure. The negotiation or ADR efforts may proceed concurrently with litigation or during an agreed-upon cessation of litigation. This approach is particularly useful in cases when: it may not be feasible to abandon litigation while the parties explore settlement possibilities; or as a practical matter, the specter of litigation must be present in order for the opposing party to consider or agree to an alternative mechanism. It also is useful when the litigation has become acrimonious or when a suggestion of settlement would be construed as a sign of weakness.
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